27071949 --283 Proposals of the United Nations Representative for India and Pakistan based upon the twelve proposals
27071949 --283 Proposals of the United Nations Representative for India and Pakistan based upon the twelve proposals
The Governments of India and of Pakistan 1. Reaffirm their determination not to resort to force
and to adhere to peaceful procedures and specifically pledge themselves that they will not commit aggression or make war, the one against the other, with regard to the question of Jammu and Kashmir;
2. Agree that each Government, on its part, will instruct its official spokesmen and will urge all its citizens, organizations, publications and radio stations not to make warlike statements or statements calculated to incite the people of either nation to make war against the other with regard to the question of Jammu and Kashmir;
3. Reaffirm their will to observe the cease-fire effective from 1 January 1949 and the Karachi Agreement of 27 July 1949;
4. Reaffirm their acceptance of the principle that the question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite under the auspices of the United Nations;
5. Agree that the demilitarization of the State of Jammu and Kashmir contemplated in the UNCIP resolutions of 13 August 1948 and 5 January 1949, as set forth in paragraph 7 below, shall be effected in a single continuous process;
6. Agree that this process of demilitarization shall be completed during a period of ninety days, starting from the date of the entrance into effect of this agreement, unless another period is decided upon by the Governments of India and Pakistan;
7. Agree that the demilitarization shall be carried out in such a way that at the end of the period referred to in paragraph 6 above the situation will be:
A. On the Pakistan side of the cease-fire line;
(i) The tribesmen and Pakistan nationals not normally resident therein who had entered the State for the purpose of fighting will have been withdrawn;
(ii) The Pakistan troops will have been withdrawn from the State; and
(iii) Large-scale disbanding and disarming of the Azad Kashmir forces will have taken place; so that at the end of the period of demilitarization there shall remain an armed force of 6,000. This force will have been separated from the administrative and operational command of the Pakistan High Command in accordance with paragraph 9. It will have no armour or artillery.
B. On the Indian side of the cease-fire line:
(i) The bulk of the Indian forces in the State will have been withdrawn; and
(ii) Further withdrawals or reductions, as the case may be, of the Indian and State armed forces remaining in the State after the completion of the operation referred to in B (i) above will have been carried out. out; so that at the end of the period of demilitarization there shall be an Indian army force of 21,000 including State armed forces. This force will be without armour or artillery.
8. Agree that the demilitarization shall be carried out in such a way as to involve no threat to the cease-fire agreement either during or after the period referred to in paragraph 6 above;
9. Agree that pending a final solution the territory evacuated by Pakistan troops will be administered by the local authorities under the surveillance of the United Nations. Effect shall be given to this by the time the process of demilitarization referred to in paragraph 6 has been completed on both sides of the cease-fire line;
10. Agree that the Government of India shall cause the Plebiscite Administrator to be formally appointed to office not later than the final day of the demilitarization period referred to in paragraph 6 above;
11. Agree that the completion of the programme of demilitarization referred to in the provisional clause below will be without prejudice to the functions and responsibilities of the United Nations Representative and the Plebiscite Administrator with regard to the final disposal of forces as set forth in paragraph 4 (a) and (b) of the 5 January 1949 resolution;
12. Agree that any differences regarding the programme of demilitarization contemplated in the provisional clause will be referred to the Military Adviser of the United Nations Representative and, if disagreement continues, to the United Nations Representative, whose decision shall be final.
PROVISIONAL CLAUSE
This agreement shall enter into effect when the Governments of India and Pakistan have approved a programme of demilitarization in conformity with paragraphs 5, 6, 7 and 8 above, the draft of such programme to be drawn up in meetings between the representatives of the Governments of India and of Pakistan assisted by their Military Advisers under the auspices of the United Nations. The first meeting shall take place within two weeks after the signature of the above agreement.